Strengthening the Credibility of Scientific Evidence

At trial, the credibility of your scientific evidence (such as a blood sample) will be critical. Many jurors think the state gave the defendant’s sample special individualized attention, but this is not usually the case. Your Carmel DUI attorney will want to make the jury understand that the sampling and analysis process is not a target of individual scrutiny. Sometimes, the analyst isn’t even in the room when the analysis is performed. Your attorney should emphasize this on cross-examination. Here is an example:

Attorney: Did you conduct the blood analysis for this defendant?
Analyst: Yes, I did the analysis personally.
Attorney: Wasn’t the actual analysis done by a machine?
Analyst: Yes. I employed a gas chromatograph.
Attorney: So the gas chromatograph performed the actual work?
Analyst: Yes, that’s true.
Attorney: So, was this a customized test, just to examine the defendant’s blood sample?
Analyst: Other parties’ specimens were also examined.
Attorney: At the same time?
Analyst: Yes.
Attorney: Well, sir, how many specimens were examined simultaneously?
Analyst: Several others.

Notice that the witness is seeking to minimize the effect of testing multiple specimens at the same time. Your Carmel DUI attorney will want to hone in on this.

Attorney: When you say “several,” how many do you mean?
Analyst: More than one or two.
Attorney: In fact, there were many more than one or two, isn’t that so? There may have been as many as 30 specimens, or even more than that?
Analyst: I think so.
Attorney: Can this testing take as long as two hours?
Analyst: Yes.
Attorney: Are you personally present during the entire testing process?
Analyst: Not necessarily.
Attorney: So the answer would be, “No?”
Analyst: I have no need to be present all the time.
Attorney: Why is that?
Analyst: Because the process is automated.
Attorney: You don’t even need to be in the room while the testing is being done, do you?
Analyst: As a technical matter, it is unnecessary for me to be there.

Discuss and review with an experienced Carmel DUI attorney the scope and approach of this important phase of witness examination.

Dedicated Carmel DUI attorney Thomas Nash may be able to help you with your upcoming DUI trial. Call today for a free initial consultation.